Running head: SIGNIFICANCE
OF THEEXTENDING
THE BASEL CONVENTIONSIGNIFICANCE
OF EXTENDING
BASEL CONVENTION

Significance of Extending the Scope of the Basel Convention on Space Debris
Issues to Space

1

SIGNIFICANCE OF EXTENDING THE BASEL CONVENTION

2

Ⅰ. Introduction
Since the Industrial Revolution that began in UK in the late 18th century, mankind hasbrought various technological developments and benefits to people through economic
activities and globalization（Ministry of Land, Infrastructure, Transport and Tourism,
2017）. However, the use of fossil fuels such as coal, oil and other industrial activities havebrought about the negative aspects of environmental pollution and the degradation of our own
habitat. Today, the geographical range of human activities extends not only over the Earth
but also into space. At the same time, the waste and environmental problems caused byhuman activities are also spreading into space.
One of the environmental
problem in space today is the problemof space debris. Space debris is a
generic term for flying objects
consisting of debris from satellites,
Figure 1. Low orbit debris geostationary image

rocket debris, and rocket wreckage that

(Provided by NASA/JAXA)

have reached the end of their useful lives, and are said to be orbiting the earth at a speed of atleast 7-8 km per second. It is said that there are more than 20,000 pieces of space debris
larger than 1 meter and 500,000 to 700,000 pieces larger than 1 cm, so satellites and workers
orbiting at the same speed are exposed to the threat of metal fragments coming at them atspeeds of 10 to 15 km per second (Kawamoto, 2012). As an example of how dangerous spacedebris can be, the Linear Chuo Shinkansen Line being developed in Japan as of 2022 has amaximum design speed of 500 km/h (Linear Chuo Shinkansen Regional Development Study
Group, 2011), which is about 0.14 km per second. In other words, space debris orbits theearth 70 to 100 times faster than Japan's Linear Chuo Shinkansen. In Newtonian mechanics,

SIGNIFICANCE OF EXTENDING THE BASEL CONVENTION

3

the kinetic energy (K) of an object is proportional to the square of its mass (m) and velocity(v).

1
K = 𝑚𝑣 2
2

Thus, not only large objects such as discarded satellites, but even a single screw lessthan one centimeter in diameter can pose a sufficient threat due to its speed of flight.
Furthermore, the threat of space debris is not limited to its destructive power. Whenspace debris collides with other space debris, the number of fragments increases, and as thesefragments repeatedly collide with other man-made objects and space debris, they have theproperty of multiplying in an uncontrolled manner, like cancer cells. This catastrophic
phenomenon is called the Kessler Syndrome because it progresses catastrophically like adisease(Ohtani, 2019). The frightening aspect of this phenomenon is that not only is it aserious obstacle to space exploration, but industrial satellites such as GPS andtelecommunications, which are essential to human life today, are at risk of being destroyedby space debris (Yamaguchi, 2011).

SIGNIFICANCE OF EXTENDING THE BASEL CONVENTION

4

Figure 2. Image of Kessler Syndrome

Although space debris is a threat to mankind created by human industrial activities, thisis not the first time in history that such a disaster has occurred due to human activities. In
Japan, for example, Yokkaichi asthma (Sulfur oxide; SOx), Minamata disease(Methylmercury), and Itai-itai disease (Cadmium) were caused by industrial development,
and society has overcome these problems by establishing policies to deal with them (Japan
Environmental Management Association for Industry, 2003). In other words, the problem ofspace debris is a new pollution that we humans are facing, and it is a problem that can beaddressed through the formulation and implementation of appropriate policies. However, intoday's globalized world, it is difficult to coordinate the interests of many people acrossnational borders, and it is becoming increasingly difficult to deal with this problem. Althoughinternational policies such as the IADC guidelines have been clearly stated, these standards
are not legally binding, and strict implementation within each country is not easy (Aoki,2022). This paper discusses the significance and necessity of addressing the space debris

SIGNIFICANCE OF EXTENDING THE BASEL CONVENTION

5

problem by expanding the scope of existing treaties, rather than creating new treaties. And
the Basel Convention is the basis for solving this problem. On this paper, while touching on
the basic contents of the Basel Convention, it is discuss why it is useful to expand theapplication of the Basel Convention to space as a measure against space debris from three
aspects: (1) the existing articles can be used, (2) it is no need to conclude a new treaty withother countries, and (3) the Basel Convention can serve as a model case for solving future
space development issues.

Ⅱ. The existing articles can be used
First of all, in dealing with the space debris problem, there are advantages in using theexisting Basel Convention rather than creating a new convention, since it will be more
effective for a greater number of countries. It is also necessary to clarify what kind ofinternational arrangement the Basel Convention is in the first place.
The Basel Convention is an international treaty issued in 1992 that regulates the
movement of hazardous waste across national borders and its disposal (Tomii, 2010). In
today's global society, not only people, goods, and other economic activities cross national
borders, but also waste materials. There are various types of waste, including soil and waterpollution, odors, and air pollution, which are byproducts of human technologicaldevelopment and are referred to as pollution. In the 1980s, incidents of water and soil
pollution that caused health hazards to residents in developing countries, such as the Koko
incident in Nigeria (1988), where hazardous wastes were exported to other countries, began
to occur (Tsuruta, 2022). This is one of the reasons why the Basel Convention was concluded
to deter the globalization of waste and environmental destruction (Takahashi, 2016).
The Basel Convention stipulates that, in principle, hazardous wastes must be disposed ofin the country of emission. However, if the transboundary movement of hazardous wastes is

SIGNIFICANCE OF EXTENDING THE BASEL CONVENTION

6

unavoidable, the Basel Convention provides for the consent of the other country, fulfillmentof responsibilities until disposal is completed, take-back of wastes when disposal is not
performed, and penalties for violations. The restrictions on the movement of hazardous waste
set forth in the Convention are strict, and the conditions are limited to cases where theproducing country does not have the technology to dispose of the waste or the waste is to bereused in the other country (Takahashi, 2016). As of December 2019, 186 countries,
including Japan, have signed the treaty (Ministry of Foreign Affairs, 2019).
Comparing the hazardous waste regulated by the Basel Convention with today's spacedebris problem, the following similarities can be seen.

・ The waste is a product of human industrial activity.
・ The waste is moves across borders.
・ The waste poses a risk to human health.
・ The waste poses an environmental impact hazard.

Certainly, space debris is not biologically toxic to humans like cadmium or hexavalentchromium. However, it is clear that space debris is a hazardous waste for human beings
because it flies around the earth in orbit at 7-8 km per second and can be lethal upon contact
with human bodies or facilities. Therefore, rather than creating a new treaty on suchhazardous waste, it would be easier to add space debris to the existing list of hazardous waste
under the Basel Convention, which would have the effect of legally deterring such waste.

Ⅲ. It is no need to conclude a new treaty with other countries
When new international rules are established, it is necessary to clarify the process thatmust be followed in order to have them implemented by countries around the world. First of

SIGNIFICANCE OF EXTENDING THE BASEL CONVENTION

7

all, even if a newly created treaty is completed within an international partnership, that fact
alone does not mean that countries will begin to act in accordance. In the case of Japan, forexample, the process of concluding a new treaty requires not only treaty negotiations in aninternational organization, but also submission to and approval by the Diet in accordancewith Article 73, Item 3 of the Constitution of Japan, and then the conclusion of the treaty.
The process of concluding a treaty differs from country to country, with the United Statesrequiring the advice and consent of the Senate, Germany, Italy, and the Republic of Korea
requiring the approval of the legislative body, and France requiring conformity with domestic
laws, but each country and its voters must be given an incentive to go through this process
when formulating a new treaty (Nakauchi, 2020). However, each country needs to be
incentivized to undertake this process if a new treaty is to be developed. Environmental laws,
while protecting human life and the environment, have the negative aspect of restricting acountry's economic activities. While each country understands the importance of aninternational environmental framework, it is difficult to conclude a new environmental law
unless it is sufficiently persuasive to domestic economic conditions and public opinion. This
point can be seen in the background of the withdrawal of the United States under the Donald
Trump administration from the Paris Agreement in 2017, where environmental issues are in
conflict with economic issues (Uno, 2018).
However, the problem of space debris cannot be left unattended. As mentioned earlier,space debris is growing like a cancer cell, repeatedly colliding with various man-madeobjects in Earth's orbit. If the Earth's orbit becomes unusable, it will be difficult to maintainnot only future space development, but also the already widespread infrastructure for daily
life, including GPS, cellular phones, the Internet, and weather forecasting. As with clinicalcancer treatment, early detection and early response to space debris and other new
environmental problems are essential. Therefore, a quick and effective way for countries

SIGNIFICANCE OF EXTENDING THE BASEL CONVENTION

8around the world to act on this issue would be through the method of adaptation andexpansion of the Basel Convention, which has already been signed by 186 countries aroundthe world (Ministry of Foreign Affairs, 2019). It will also give countries that are not parties tothe treaty room to negotiate the need to protect the environment in space by maintaining its
influence and reinforcing the global trend to protect the environment.

Ⅳ. The Basel Convention can serve as a model case for solving future spacedevelopment issues
As of 2022, the world is once again expanding the stage of human research anddevelopment to the Moon, as in the Artemis Project (Ministry of education, culture, sports,science and technology, 2021). However, the fact that humans will be engaged in labor,
economic, and development activities in the extreme environments of space and the Moon
means that new problems arise. In the future, there will be an increasing number of situationsin space development where confusion will arise and interests will need to be reconciled due
to institutional inadequacies. For example, space development will face a variety of social
problems, such as the occurrence and risk of occupational accidents such as low gravity
injury, leukemia, and pneumoconiosis in space (Koseki, 2020), standards regarding theattribution of profits from economic activities on the Moon, and standards for the legitimacyof state-led lunar resource exploitation, which will require a step If a mistake is made, it
could lead to international conflicts. In light of these circumstances, it is necessary to realize
sustainable growth of industry and civilization by establishing international rules to preventthe possibility of international conflicts arising among countries in the course of spacedevelopment. The key to solving this problem is the rediscovery and utilization of past cases
and laws and regulations, which are the assets that mankind has accumulated to date. Even if
it is a new problem that has arisen in the development and industrialization of space, there are

SIGNIFICANCE OF EXTENDING THE BASEL CONVENTION

9similar cases in the past if we search for information accumulated by mankind since the dawnof history. For example, in the case of space debris, the problem is the transboundary air,ocean, and soil pollution caused by industrialized countries after the Industrial Revolution.
This time, it is occurring in space, especially in the orbit of Earth's satellites.
In other areas as well, for example, ideas for international frameworks for the placementof satellites, which are increasing year by year, and for traffic management can be obtained
from road traffic laws, maritime traffic safety laws, and aviation laws that are already inoperation in many countries. When trying to persuade countries to adopt new provisions, it isbetter to extend existing frameworks that have already been approved than to ask them tostart over from scratch, as in the "foot-in-the-door technique" in the field of psychology(Sannomiya & Hisasaka, 2006; Dolinski, 2011). In this way, it is possible to build up a
strategy to cope with new events that are expected to occur based on the accumulated
information assets of mankind in the past. It follows that, the extension of the Basel
Convention to space, as described in this section, can serve as an example of a model case forsolving problems that arise in the future.

Ⅴ. Conclusion
The significance and necessity of adopting the Basel Convention's approach ofextending its application to space in response to today's problem of space debris in spacehave been described above. Existing international treaties such as the Convention on Liability
for Space Damage and the Convention on the Registration of Space Objects existed, but there
were no international arrangements to clarify the process and responsibility for disposal(Aoki & Kozuka, 2019). The Basel Convention will contribute to the realization ofsustainable space development by clarifying waste disposal.

SIGNIFICANCE OF EXTENDING THE BASEL CONVENTION

10

It also became clear that there are many problems in concluding a new international
treaty, such as the need for a universal topic to persuade voters in each country and the speedwith which the treaty can enter into force. Against this background, a method of expanding
the scope of application of treaties that already exist to address these issues will be effective.
Today, the industrial utilization of space has become an essential part of humangeography for building an economy and society. As the theory of "tragedy of the commons"proposed by biologist Garrett Hardin (1915-2003) shows, common lands in which the
responsibilities of the members are not clearly defined can eventually fall into disrepair andbecome an environment in which each member's assets cannot be maintained, as eachmember tries to maximize their profits. This leads to an environment in which common lands
fall into disrepair and individual assets cannot be maintained. In order to prevent this tragic
future, also known as "social dilemma," appropriate measures are needed to prevent thehuman race from collapsing together (Yamagishi, 1989). One of the solutions to this problem
is the establishment of common rules that clearly define the responsibilities of each space
user and their location in the space environment, as well as their implementation. In order torealize the Goal 9 of the SDGs, "Build resilient infrastructure, promote inclusive andsustainable industrialization and foster innovation" it is necessary to consider not only the
Earth but also space for the sustainable development of the world (United Nations, 2022). In
today's globalized global society, it is easy for resource-related interests to conflict not only
among individuals but also among nations. Therefore, it will be essential to establish asystem in which peaceful, stable growth and fair benefits to all countries of the world are
distributed through relationships based on rules and agreements for future development,
rather than through violence and disorderly development.

SIGNIFICANCE OF EXTENDING THE BASEL CONVENTION

11

References

Aoki, S., & Kozuka, S. (2019). Uchu Roppo. P51-55. Shinzansha.
Dolinski, D. (2011). A Rock or a Hard Place: The Foot-in the Face Technique forInducting Compliance Without Pressure. P1514-1537. Journal of Applied Social
Psychology, Volume 41, Issue6. Retrieved December 8, 2022, fromhttp://www.communicationcache.com/uploads/1/0/8/8/10887248/a_rock_or_a_hard_pl
ace-_the_foot-in-the-face_technique_for_inducing_compliance_without_pressure.pdf
Hisakawa, T. (2006, March 30). Case Analysis of Consent Induction Techniques andProposal of Information Education Contents to Deal with Information Manipulation.
P2. Journal of information education, Naruto University of Education Vol.3. Retrieved
December 8, 2022, from https://www.naruto-u.ac.jp/journal/info-edu/j03001.pdf
Japan Environmental Management Association for Industry (Ed.). (2003). Training
Textbook for Recycling-Oriented Business Human Resource Education & Advisor
Dispatch Project -Environmental Management Practice Course I, Environmental Risk
Management Course IC Environmental and Waste/Recycling Laws and Regulations. P35. Ministry of Economy, Trade and Industry. Retrieved November 28, 2022, fromhttps://www.meti.go.jp/policy/recycle/main/3r_policy/policy/pdf/text_2_1_c.pdf
Kawamoto, S. (2012, November). Overview of Active Debris Removal . P1. Proceedingsof the Space Science and Technology Conference Vol.56. Retrieved November 18,
2022, fromhttps://jaxa.repo.nii.ac.jp/?action=pages_view_main&active_action=repository_view_m
ain_item_detail&item_id=39429&item_no=1&page_id=13&block_id=21
Koseki, Y. (2020). Necessity of Establishing International Environmental Standards toSIGNIFICANCE OF EXTENDING THE BASEL CONVENTION

12Prevent Pneumoconiosis on the Moon. Keio Academic Writing Contest 2020. Retrieved
December 7, 2022, from http://www.flang.keio.ac.jp/files/2020CC_HM_YK.pdf
Linear Chuo Shinkansen Regional Development Study Group (Ed.). (2011,May). Linear Basic Strategy. P1. Gifu Prefecture. Retrieved November 18, 2022, fromhttps://www.pref.gifu.lg.jp/uploaded/attachment/29809.pdf
Ministry of Foreign Affairs (Ed.). (2019, December 13). Basel Convention. Ministry ofForeign Affairs of Japan. Retrieved November 30, 2022, fromhttps://www.mofa.go.jp/mofaj/gaiko/kankyo/jyoyaku/basel.html
Ministry of Land, Infrastructure, Transport and Tourism. (2017). Inobēshon ga
Kirihiraku Shinjidai to Kokudo Kōtsū Gyōsei: Heisei Nijūhachinendo Nenji Hōkoku.
P25-43. Nikkeiinsatsu.
Nakauchi, Y. (2020, November). Scope of "treaties" requiring parliamentary approval.
P17-35. Legislation and Research No.429. Retrieved December 7, 2022, fromhttps://www.sangiin.go.jp/japanese/annai/chousa/rippou_chousa/backnumber/2020pdf/
20201102017.pdf
Nishii, M., Tsuruta, J., Aoki, S. et al. (2022). Kokusai Kankyōhō Kōgi (Vol. 2). P188,
227-228. Yūshindōkōbunsha.
Office of Space Utilization, Space Utilization Division, Research and Development
Bureau, Ministry of Education, Culture, Sports, Science and Technology. (2021, June30). International Space Station (ISS) Program and Artemis Program Overview.
Conference Materials; Council for Science, Technology and Science No.42-3. Retrieved
December 7, 2022, from https://www.mext.go.jp/kaigisiryo/content/20210630mxt_uchukai01-000016486_3.pdf
Ōtani, Y. (2019, April 22). Design and evaluation of dual use system for spaceSIGNIFICANCE OF EXTENDING THE BASEL CONVENTION

13

situational awareness in Japan. KeiO Associated Repository of Academic resources（KOARA）. Retrieved November 18, 2022, fromhttps://koara.lib.keio.ac.jp/xoonips/modules/xoonips/detail.php?koara_id=KO40002002-20185033-0003
Takahashi, N. (2016). Kankyōhō Kōgi (Vol. 2). P352. Shinzansha.
Tomii, T. (2010). Rekuchā Kankyōhō (Vol. 2). P200. Hōritsubunkasha.
Ueno, T. (2018, April). On President Trump's Announcement of Intended Withdrawal
from the Paris Agreement. P67-70. Economics & public utilities No.65. Retrieved
December 7, 2022, fromhttps://criepi.denken.or.jp/jp/serc/periodicals/pdf/periodicals65_06.pdf
United Nations Department of Economic and Social Affairs Sustainable Development.
(2022). Goals 9 -Build resilient infrastructure, promote inclusive and sustainableindustrialization and foster innovation. SDGs. Retrieved December 8, 2022, fromhttps://sdgs.un.org/goals/goal9
Yamagishi, T. (1989). Major Theoretical Approaches in Social Dilemmas Research.
Japanese psychological review Vol.32 No.3, P262-294. Retrieved December 12, 2022,
from https://www.jstage.jst.go.jp/article/sjpr/32/3/32_262/_article/-char/ja/
Yamaguchi, Y. (2011). Social studies and geographical education in the space age. P2546. Bulletin of the Faculty of Education, Gunma University, Humanities and Social
Sciences Vol.60. Retrieved November 19, 2022, fromhttps://core.ac.uk/download/pdf/141875672.pdf